If I shut a gate/s in order to prevent possible criminal/s and there vehicle escaping from a property(with possible stolen good's)after I had observed an Person/s and there vehicle entering it, and they where injured as a result of there vehicle crashing into them a short time later,could they sue me?(Even if they WHERE OR WHERE NOT travelling at high speed prior to them hitting the gates)or could I be prosecuted by the police?regardless of weather or not I was the owner of the property that they where on?
2007-02-13 12:10:46 · 7 answers · asked by ASHERS 1 in Politics & Government ➔ Law & Ethics
I don't see why you could get prosecuted. You took a REASONABLE amount of care in protecting the property, and you had reason to believe that the thief had stolen goods.
Although you could be held liable
Just don't lie
2007-02-13 12:24:26 · answer #1 · answered by bballchick 2 · 0⤊ 1⤋
Hi Asher,
This depends on how well you know the law (UK).
If they tried to sue me I would use defence of contributory negligence for the injuries they sustained.
I would state that I had reason to believe a crime was being or about to be committed. If there wasn't then the defence would be honest mistake. I didn't force them to crash into the gates.
It is then up to the complainant to explain to the police they were there lawfully. It all depends on the circumstances.
2007-02-14 05:59:20 · answer #2 · answered by LYN W 5 · 0⤊ 0⤋
You use the word possible and in law before a citizen can detain people they have to KNOW THAT AN ARRESTABLE OFFENCE HAS BEEN COMMITTED.Tresspass is not an offence in criminal law and you cant detain people for it so with the facts given you would be on very thin ice and liable to be prosecuted and sued.
2007-02-14 03:37:49 · answer #3 · answered by frankturk50 6 · 0⤊ 0⤋
No tell them you had no idea there was anyone on the property or close the gate and call the police and tell them someone is trespassing on your property and you now have them locked in
2007-02-13 20:14:25 · answer #4 · answered by glamour04111 7 · 0⤊ 0⤋
They could see the gate couldn't they? Was it dark? Didn't they have light? Worry no more but if they sue you they will have a hard time. I don't think they will
2007-02-15 11:41:59 · answer #5 · answered by Professor 7 · 0⤊ 0⤋
Buglers have successfully sued for injuries sustained when falling though a skylight while attempting to break in. They shouldn't be able to, but that doesn't stop people these days.
2007-02-13 20:25:34 · answer #6 · answered by STEVEN F 7 · 1⤊ 0⤋
If there are no witnesses - blame it on the wind.
2007-02-14 07:22:25 · answer #7 · answered by Anonymous · 0⤊ 0⤋